Bill Text: IA HF636 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the carrying, possession, or transportation of weapons on school grounds, at places of employment, in buildings or physical structures located on property under the control of a political subdivision, and in county courthouses, and including effective date provisions. (Formerly HF 259.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-05 - Subcommittee: Holt, Klein and Wessel-Kroeschell. H.J. 198. [HF636 Detail]
Download: Iowa-2019-HF636-Introduced.html
House
File
636
-
Introduced
HOUSE
FILE
636
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HF
259)
A
BILL
FOR
An
Act
relating
to
the
carrying,
possession,
or
transportation
1
of
weapons
on
school
grounds,
at
places
of
employment,
2
in
buildings
or
physical
structures
located
on
property
3
under
the
control
of
a
political
subdivision,
and
in
county
4
courthouses,
and
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
724.4B,
subsection
2,
Code
2019,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
d.
A
person
who
has
in
the
person’s
3
possession
a
valid
permit
to
carry
weapons
issued
pursuant
to
4
section
724.7
and
remains
on
the
portion
of
school
district
5
property
that
comprise
its
driveways,
parking
lots,
and
6
sidewalks
while
going
armed
with,
carrying,
or
transporting
a
7
concealed
pistol
or
revolver.
A
school
shall
be
immune
from
8
any
claim,
cause
of
action,
or
lawsuit
by
a
person
seeking
9
damages
that
are
alleged,
directly
or
indirectly,
as
a
result
10
of
any
concealed
pistol
or
revolver
brought
onto
the
school
11
district
property
by
a
person
pursuant
to
this
paragraph.
This
12
paragraph
shall
not
apply
to
a
school
governed
by
the
board
of
13
regents
pursuant
to
section
262.7.
14
Sec.
2.
NEW
SECTION
.
724.4D
Limitation
on
employers
——
15
firearms
and
ammunition.
16
1.
For
purposes
of
this
section,
“employee”
means
the
same
17
as
defined
in
section
91A.2,
subsection
3.
“Employee”
also
18
includes
a
contract
employee
or
a
volunteer.
19
2.
An
employer
shall
not
prohibit
an
employee
from
carrying,
20
transporting,
or
possessing
a
firearm
or
ammunition,
if
the
21
firearm
and
ammunition
are
out
of
sight
and
inside
the
locked
22
motor
vehicle
of
the
employee
on
the
real
property
comprising
23
the
employee’s
place
of
employment,
and
if
the
carrying,
24
transportation,
or
possession
of
the
firearm
or
ammunition
is
25
otherwise
lawful
under
the
laws
of
this
state.
26
3.
An
employer,
owner,
or
lawful
possessor
of
the
property
27
on
which
the
employer
is
located
shall
be
immune
from
any
28
claim,
cause
of
action,
or
lawsuit
brought
by
any
person
29
seeking
damages
that
are
alleged,
directly
or
indirectly,
as
a
30
result
of
any
firearm
or
ammunition
brought
onto
the
property
31
of
the
employer,
owner,
or
lawful
possessor
by
an
employee
32
pursuant
to
this
section.
33
4.
An
employer
shall
not
be
subject
to
liability
under
34
chapter
85
if
the
employer
has
prohibited
the
carrying,
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transportation,
or
possession
of
a
firearm
or
ammunition
on
1
the
employer’s
property
in
conformance
with
this
section
and
2
an
employee
is
subsequently
injured
due
to
that
employee’s
3
carrying,
transportation,
or
possession
of
a
firearm
or
4
ammunition
on
the
employer’s
property
in
violation
of
the
5
employer’s
firearm
prohibition.
Any
such
claim
shall
be
paid
6
by
the
injured
employee’s
private
insurance
policy.
7
5.
An
employee
who
is
terminated
due
to
a
violation
of
an
8
employer’s
policy
that
prohibits
the
carrying,
transportation,
9
or
possession
of
a
firearm
or
ammunition
on
the
employer’s
10
property
in
conformance
with
this
section
shall
not
be
eligible
11
to
receive
unemployment
compensation.
12
6.
An
employer
may
prohibit
an
employee
from
carrying,
13
transporting,
or
possessing
a
firearm
or
ammunition
in
a
14
vehicle
owned
or
leased
by
the
employer
or
otherwise
under
the
15
employer’s
control
or
possession.
16
7.
This
section
does
not
apply
to
the
extent
that
it
17
violates
federal
or
other
state
law
or
the
terms
of
a
contract
18
with
a
federal
entity.
19
Sec.
3.
Section
724.28,
subsections
2
and
3,
Code
2019,
are
20
amended
to
read
as
follows:
21
2.
A
political
subdivision
of
the
state
shall
not
enact
22
an
ordinance
regulating
the
ownership,
possession,
legal
23
transfer,
lawful
transportation,
modification,
registration,
or
24
licensing
of
firearms
,
firearms
attachments,
or
other
weapons
25
when
the
ownership,
possession,
transfer,
or
transportation
,
or
26
modification
is
otherwise
lawful
under
the
laws
of
this
state.
27
An
ordinance
regulating
firearms
,
firearms
attachments,
or
28
other
weapons
in
violation
of
this
section
existing
on
or
after
29
April
5,
1990,
is
void.
30
3.
If
a
political
subdivision
of
the
state,
prior
to,
31
on,
or
after
July
1,
2017
2019
,
adopts,
makes,
enacts,
or
32
amends
any
ordinance,
measure,
enactment,
rule,
resolution,
33
motion,
or
policy
regulating
the
ownership,
possession,
legal
34
transfer,
lawful
transportation,
modification,
registration,
or
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636
licensing
of
firearms
,
firearms
attachments,
or
other
weapons
1
when
the
ownership,
possession,
transfer,
transportation,
2
modification,
registration,
or
license
licensing
of
firearms,
3
firearms
attachments,
or
other
weapons
is
otherwise
lawful
4
under
the
laws
of
this
state,
a
person
adversely
affected
by
5
the
ordinance,
measure,
enactment,
rule,
resolution,
motion,
or
6
policy
may
file
suit
in
the
appropriate
court
for
declaratory
7
and
injunctive
relief
for
damages
and
all
damages
attributable
8
to
the
violation.
A
court
shall
also
award
the
prevailing
9
party
in
any
such
lawsuit
reasonable
attorney
fees
and
court
10
costs
.
11
Sec.
4.
Section
724.28,
Code
2019,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
4.
A
political
subdivision
of
the
state
14
may
restrict
the
carrying,
possession,
or
transportation
15
of
firearms
or
other
dangerous
weapons
in
the
buildings
or
16
physical
structures
located
on
property
under
the
political
17
subdivision’s
control
if
adequate
arrangements
are
made
by
the
18
political
subdivision
to
screen
persons
for
firearms
or
other
19
dangerous
weapons
and
the
political
subdivision
provides
armed
20
security
personnel
inside
the
building
or
physical
structure
21
where
the
restriction
is
to
be
in
effect.
22
Sec.
5.
NEW
SECTION
.
724.32
County
courthouse
——
weapon
23
prohibitions.
24
A
supreme
court
or
judicial
branch
order
that
prohibits
25
a
person
from
lawfully
carrying,
possessing,
or
transporting
26
a
weapon
in
a
county
courthouse
or
other
joint-use
public
27
facility
shall
be
unenforceable
unless
the
judicial
order
28
applies
only
to
a
courtroom,
court
office,
or
courthouse
used
29
only
for
judicial
branch
functions.
30
Sec.
6.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
31
importance,
takes
effect
upon
enactment.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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636
This
bill
relates
to
the
carrying,
possession,
or
1
transportation
of
weapons
on
school
grounds,
at
places
of
2
employment,
in
buildings
or
physical
structures
located
on
3
property
under
the
control
of
a
political
subdivision,
and
in
4
county
courthouses.
5
Current
law
provides
that
a
person
who
goes
armed
with,
6
carries,
or
transports
a
firearm
of
any
kind,
whether
concealed
7
or
not,
on
the
grounds
of
a
school
(public
or
nonpublic)
8
commits
the
criminal
offense
of
carrying
firearms
on
school
9
grounds,
except
under
certain
circumstances.
Carrying
firearms
10
on
school
grounds
in
violation
of
Code
section
724.4B
is
a
11
class
“D”
felony.
Under
the
bill,
a
person
does
not
commit
12
the
criminal
offense
of
carrying
firearms
on
school
grounds
13
in
violation
of
Code
section
724.4B
if
the
person
possesses
a
14
valid
permit
to
carry
weapons
while
remaining
on
the
portion
15
of
school
district
property
that
comprise
the
driveways,
16
parking
lots,
and
sidewalks
of
a
school
while
going
armed
with,
17
carrying,
or
transporting
a
concealed
pistol
or
revolver.
The
18
bill
also
provides
that
a
school
is
immune
from
any
claim,
19
cause
of
action,
or
lawsuit
seeking
damages
alleged
as
a
result
20
of
a
concealed
pistol
or
revolver
brought
onto
the
school
21
district
property
by
a
person
possessing
a
valid
permit
to
22
carry
weapons
who
remains
on
the
portion
of
the
grounds
that
23
comprise
the
driveways,
parking
lots,
and
sidewalks
of
the
24
school.
The
bill
provides
that
this
exception
does
not
apply
25
to
a
school
governed
by
the
board
of
regents.
26
The
bill
prohibits
an
employer
from
prohibiting
an
employee
27
from
carrying,
possessing,
or
transporting
a
firearm
or
28
ammunition
on
the
real
property
comprising
the
employee’s
place
29
of
employment
if
the
firearm
or
ammunition
is
out
of
sight
30
and
inside
the
locked
motor
vehicle
of
the
employee
and
if
31
the
carrying,
transportation,
or
possession
of
the
firearm
or
32
ammunition
is
otherwise
lawful
under
the
laws
of
this
state.
33
The
bill
defines
“employee”
as
that
term
is
defined
in
Code
34
section
91A.2
and
includes
a
contract
employee
or
volunteer.
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The
bill
also
provides
that
an
employer,
owner,
or
lawful
1
possessor
of
the
property
on
which
the
employer
is
located
is
2
immune
from
any
claim,
cause
of
action,
or
lawsuit
seeking
3
damages
alleged
as
a
result
of
any
firearm
brought
onto
the
4
property
of
the
employer,
owner,
or
lawful
possessor
on
which
5
the
employer
is
located
by
an
employee.
The
bill
provides
that
6
an
employer
will
not
be
subject
to
liability
under
Code
chapter
7
85
(workers’
compensation)
if
the
employer
has
prohibited
8
the
carrying,
transportation,
or
possession
of
a
firearm
9
or
ammunition
on
the
employer’s
property
and
an
employee
10
is
subsequently
injured
due
to
that
employee’s
carrying,
11
transportation,
or
possession
of
a
firearm
or
ammunition
on
12
the
employer’s
property
in
violation
of
the
employer’s
firearm
13
prohibition.
The
bill
provides
that
any
claim
arising
from
14
such
injury
shall
be
paid
by
the
injured
employee’s
private
15
insurance
policy.
The
bill
provides
that
an
employee
that
16
is
terminated
due
to
a
violation
of
an
employer’s
firearm
17
prohibition
on
the
employer’s
property
is
not
eligible
to
18
receive
unemployment
compensation.
Under
the
bill,
an
employer
19
can
prohibit
an
employee
from
carrying,
transporting,
or
20
possessing
a
firearm
or
ammunition
in
a
vehicle
owned
or
leased
21
by
the
employer
or
otherwise
under
the
employer’s
control
or
22
possession.
23
Current
law
provides
that
a
political
subdivision
shall
not
24
enact,
adopt,
make,
or
amend
any
ordinance,
measure,
enactment,
25
rule,
resolution,
motion,
or
policy
that
regulates
the
26
ownership,
possession,
legal
transfer,
lawful
transportation,
27
registration,
or
licensing
of
firearms
when
the
ownership,
28
possession,
transfer,
transportation,
registration,
or
license
29
is
otherwise
lawful,
and
that
a
person
adversely
affected
30
by
such
an
ordinance,
measure,
enactment,
rule,
resolution,
31
motion,
or
policy
may
file
suit
in
the
appropriate
court
for
32
declaratory
and
injunctive
relief
for
damages.
The
bill
33
extends
this
prohibition
to
modifications
and
further
provides
34
that
the
prohibition
applies
to
firearm
attachments
and
other
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weapons.
The
bill
provides
that
a
person
adversely
affected
1
may
also
file
a
lawsuit
for
damages
attributable
to
the
2
violation.
The
bill
provides
that
a
court
shall
also
award
the
3
prevailing
party
reasonable
attorney
fees
and
court
costs.
4
The
bill
provides
that
political
subdivisions
may
restrict
5
the
carrying,
possession,
or
transportation
of
firearms
or
6
other
dangerous
weapons
in
the
buildings
or
physical
structures
7
located
on
property
under
the
political
subdivision’s
control
8
if
arrangements
are
made
to
screen
persons
entering
into
the
9
building
or
physical
structure
and
the
political
subdivision
10
provides
armed
security
personnel
inside
the
building
or
11
physical
structure.
12
The
bill
provides
that
a
supreme
court
or
judicial
branch
13
order
that
prohibits
a
person
from
carrying,
possessing,
or
14
transporting
a
weapon
in
a
county
courthouse
or
other
joint-use
15
public
facility
shall
be
unenforceable
unless
the
judicial
16
order
applies
only
to
a
courtroom,
court
office,
or
courthouse
17
used
only
for
judicial
branch
functions.
18
The
bill
takes
effect
upon
enactment.
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